March 29, 2019 Newsletter by Jeff Pittman
Litigation
You’ve probably heard that the US Tenth Circuit Court of Appeals issued a temporary restraining order against enforcement of the ATF’s ban on bump stocks (which took effect this week, creating half a million instant felons) in the case brought by W. Clark Aposhian. The DC Circuit Court of Appeals has done the same thing in the case of Damien Guedes. However, the injunctions only apply to Aposhian, Guedes and fellow appellants — members of the Madison Society Foundation, Florida Carry, and the Firearms Policy Foundation. This is obviously a fluid situation and other actions, cases and courts are involved. If you know where a bump stock is, make sure it’s not on any property that you own or with which you are connected or associated.
(FYI, we have reports that ATF on-scene personnel after the Las Vegas massacre were not allowed to examine the recovered weapons for internal modifications and no report of technical examination has been issued to date. ATF has been careful not to say that the killer actually used a bump stock equipped weapon in the massacre.)
US District Judge David Hurd ruled last week that New York state’s ban on personal ownership of tasers and/or stun guns is unconstitutional. There are several similar recent state court rulings.
https://www.washingtontimes.com/news/2019/mar/22/federal-judge-shoots-down-nys-ban-on-stun-guns/
An Illinois circuit court has ruled in People v. Brown that requiring a Firearms Owner ID card (FOID) is unconstitutional because you have to pay a fee to enjoy a constitutional right. The Illinois AG reportedly is appealing to the state supreme court. And what about the federal Pittman-Robertson tax? That’s a fee to buy a gun.
The Los Angeles Police Department has moved to cancel most of the few remaining concealed weapons permits in civilian hands. It’s the Bill of Rights, not the Bill of Needs.
The Judiciary and the Constitution
- Why Supreme Court opinions are not the “Law of the Land”, and how to put federal judges in their place [Publius-Huldah’s Blog]
BATFE rulemaking by private letter
- Why Is the ATF Making Secret Rules for the Firearms Industry? [The Heritage Foundation]
New Zealand update
We have word that the NZ massacrist had a legitimate government-issued permission slip for his guns.
Also, door-to-door confiscations have begun with police going to gun owners’ homes and workplaces. One gun owner dead so far.
Massacrists
The mind of a young massacrist. Sick, sick, sick. And deadly.
The Florida legislature is considering a bill that would ban the publication of photos and video and audio recordings of mass shootings.
Church safety
- Some Proven Strategies for a Successful Church Safety Team [The Truth About Guns]
- Practical Solutions for Stopping Active Shooters at Churches, Synagogues, Mosques, and Temples [Recoil]
CCW tips
About Appendix Inside the Waistband Carry
About CCW while working out
Election
MS gubernatorial candidate Robert Shuler Smith (D), currently the Hinds County District Attorney has hired former attorney Scott Meece as part of his campaign team, in order to be “inclusive.” In 2006, Meece, while still an attorney from Louisiana, went on an armed bank robbery spree in three states, was captured by the FBI and convicted of federal bank robbery and brandishing a firearm. He pleaded guilty and received a sentence of 10 years. He was released last year and is under federal supervision. Smith’s campaign also had a website with a bunch of faked names, testimonies and pictures of supporters.
Democratic presidential candidate Robert Francis O’Rourke said last week that his personal use and ownership of firearms taught him the responsibility of having guns and can help bridge politically fraught discussions about gun control in the US, mainly by the rest of us giving up our guns. No.
O’Rourke also told the Washington Post that he did not believe our Constitution was adequate to manage our present empire (sic) and indicated that he doubts the country is capable of implementing the sweeping changes HE would like to see — largely because of the restraints of our Constitution.
Enemies
The anti-gun hate group Southern Poverty Law Center continues to implode amidst allegations of sexual harassment and racial discrimination by its leaders.
Gun banners admit “safety” means “ban.”
Democrat socialist Rep. Alexandria Ocasio-Cortez (D-NY) called last week for banning all semi-automatic firearms.
US Rep. Cory Booker (D-NJ), who has announced he is running for US President in 2020, said this week that convicted domestic abusers “can find a loophole to go out and buy a gun and murder” his victim. That is utterly false, and he is either ignorant or lying (or both). Convicted domestic abusers are prohibited by federal law from buying a gun from anyone. There’s no “loophole” that allows him to do that.
We hear that anti-gun Leake County (MS) Sheriff Greg Waggoner, formerly a MDWFP conservation officer, has retired. Waggoner was complicit in MDWFP’s past attempts to ban gun carry by folks out in the woods and to restrict hunters’ weapon choices based on the Department’s idea of what guns it liked. They also broke their promise to not attempt such acts in the future. And to top it off, other conservation officers advised that it was illegal under state law for Waggoner (or anyone) to run for sheriff while he was a conservation officer.
Talking head Keith Olbermann said in a tweet threatening a Mississippi turkey hunter that folks “should do our best to make sure the rest of his life is a living hell.” You first, Keith Not-a-man, whoever you are. Olbermann has since apologized for his threat, but not for being an offensive idiot.
“We’re from the government and we’re here to help.”
The Only Ones
The mayor of Portland, Tennessee, says an investigation has determined that the leadership of its police department falsified documents related to firearms training of officers. Police Chief Anthony Heavner, Assistant Chief Dewel Scruggs and Lt. Ricky Ellis have all been suspended without pay, and a Police Officer Standards Training Commission investigation indicated that all firearms training by the department in 2018 was “inaccurate.” (sic)
John Glen Stevens, the former undersheriff of Cascade County, Montana, was arrested last week on felony theft charges for allegedly stealing department guns upon his retirement.
Former NYPD Sgt. Richard Blake pleaded not guilty to two felony counts of tampering with evidence in a case where the off-duty Blake, 40, shot a 21-year-old acquaintance with whom he had been previously fighting over a woman. Blake was acquitted of the shooting with a claim of self defense, but was fired and is charged with the evidence felony apparently for attempting to plant a weapon on the other man after the shooting.
Houston Police Sgt. Hilario Hernandez, 56, was charged with murder after his wife, a longtime elementary school librarian, was shot dead in their home last weekend.
Not the Only Ones
“I’m 100 percent in favor of law-abiding armed citizens. There are animals out there, and good people should be able to protect themselves.” — New York City Police Department’s most highly decorated detective (now retired).
About those white-on-black police shootings
I’ve been speculating this for years.
Not sure where to file this
A Walled Lake Western High School (MI) student is not allowed to return to school grounds after he was randomly shot in Detroit last month, according to a report from WXYZ-TV. The student said that he is no longer allowed to attend any school activities and WXYZ said the school sent a letter to the student’s mother, saying that it was concerned with students’ safety and retaliation if he returned to campus. The letter also reportedly stated that the decision was made based on the alleged shooter still being “out there and potentially armed.” The school suggested that the student take required courses online to graduate.
DGUs
Jackson (MS) Police reported that officers responded to a residence to find a 34-year-old man suffering from a gunshot wound to the abdomen. Officers later learned that the victim had been shot by his girlfriend’s 15-year-old son (one report indicates this was the man’s step-son), after making threats toward her and attempting to force his way into the home. Officers also learned that there had been a prior disturbance call at the residence the day prior but the (same) man had left before officers arrived. He was transported to a local hospital where he died. No arrest.
34-year-old Carl Simion was wearing a tactical vest with the word “POLICE” marked on it when he invaded an Indianapolis (IN) home and reportedly used a gun to confine the homeowner and several other people inside. The homeowner pulled his own gun and shot the suspect, who fled.
TV
Master Of Arms, the Discovery Channel reality competition show in which contestants built a variety of assigned weaponry projects, was not renewed for a second season. Judges were noted firearm historian and curator of the Cody (WY) Firearms Museum Ashley Hlebinksy, gunsmithing school executive Zeke Stout, blacksmith Trenton Tye, and as former US Army Ranger sniper and bestselling author Nicholas Irving.
Mississippi ranges
After more than three years of planning, design and construction, the all-new McIvor Shooting Facility at the Charles Ray Nix WMA (Sardis, MS) will open to the public on Saturday, April 6, 2019, thanks to support from the MDWFP, the Foundation of the Mississippi Wildlife, Fisheries and Parks and Winchester Ammunition.
Report on Gun Ho Range located in Pass Christian Mississippi.
Stack-On Sentinel gun safe recall
- Alpha Guardian Recalls Stack-On Gun Safes Due to Lock Failure and Injury Hazard [US Consumer Product Safety Commission]
Products
Smith & Wesson has reintroduced its 10mm N-frame Model 610 revolver, available with either a 4″ or 6.5″ barrel.
Ruger has reintroduced its Hawkeye Alaskan rifle in .375 Ruger, .338 Win. Mag., and .300 Win. Mag.
Fabarms’ new Elos B2 Classic Paradox Gold and Elos A2 AL Paradox over/under shotguns come with a built-in Paradox choke (about 6″) in the lower barrel.
Geco’s new Red Zone and Action Extreme 9mm loads
The Amex Black LifeCard (.22LR or .22WMRF)
Quotes
“If you’re not armed and you’re defending children against someone who is, that’s not realistic.” — Jimmy Graham, Able Shepherd Program
“If a man neglects to enforce his rights, he cannot complain if, after a while, the law follows his example.” — Oliver Wendell Holmes
“The 2nd Amendment does not say ‘only if you have a permit or license.’
The 2nd Amendment does not say ‘not in a church, synagogue or mosque.’
The 2nd Amendment does not say ‘only if your weapon has (or doesn’t have) this characteristic or that.’
The 2nd Amendment does not say ‘if you’re are or are not {whatever}.’
The 2nd Amendment does not say ‘if it shall please or is approved by the government in some form.’
It says ‘SHALL NOT BE INFRINGED.'”
— David Codrea
